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Teachers and their legal standing

Teachers and their legal standing

I know a group of teachers last year that tried to take a well known private school to court over various acts of blantant labour abuses. They fell like rocks when a well known law firm (which also wrote the law book we were using to find information) told them the law they published did not apply to us. Since then I have been very cautious about my work contract.

I have been at one school now for a year and a half and have been told that I would be offered a new contract within the month. During a conversation about the changes in the contract which are minor. I ask how that applied to a spacific right. It was about giving a months notice to resign and the principal could reject it. If you left you would pay month months pay for damages and lose all bonuses etc....Now I know they can not do that because of the pay cycle but it is in the contract for a teacher at this private school. They want 90 days to allow them to hire, advertise, and do paper work blah blah blah. O.k. in a way that makes sense. They even tell you at least six months in advance you will not be rehired. So fair is fair.

The surprising thing I was told (and the reason for this writing), is the Human Resource Director who is very knowledgable said, "This is only a work agreement but you have a license from the Government of Thailand as recognition you are a professional teacher. That means we are bound by the Thai Labor Laws and the MOE Profession Teachers Labour Law. We must use them combined for you if you have a license. If you do not we do not have to use the law. I immediately began to think that foreigners can not hold a government position by law. So how can we be viewed as a equal to a government employee with rights guaranteed because we hold a license from the government? That sounds confusing I know. Especially, when the Thai teachers are also exempt from the law at a private school. (However, the Thai teachers have a different contract at most schools anyway.)

Thinking this was bull I asked her if I could see it and behold she had it. Quite plainly it said, "Profession Teacher Labour Laws" with Thai Ministry of Labour, MOE, Counsel of Teachers, etc.....all over it. She let me thumb through it and I did notice specific things like 30 days sick leave, 30 day notice to resign, professional development and payments for various situations. I admit I did not get a chance to absorb much as it was a fast thumb through. This book is not allowed out of the office. Does anyone know where it would be available as I can not find it on the web by the name I have?

Also, Attached in the front was a PDF file that caught my attention. Apparently in 200? (forgot the date, 2006 I think??) a revision endorsed by the king amended the Labour Protection act and specifically said all teachers and principals were covered by the same laws as everyone else. All persons working in Thailand were to be covered. I am home now and I appologize for not giving the correct title here. This I did look up. I have it at work and will post where to get it later. Note: In this amendment there is a article that does mention something that rings of the exception to teachers but it is very ambiquous and not forcefully stated as in the act of 2551 (1998). This makes me think that many of the clauses and conditions in the contract are there because we don't know about the laws and this protects literally 100% the school against a teacher that knows nothing about rights. Most foreigners do not rock the boat and do very well teaching and rights are not a big issue but when it does become an issue it is usually at the worst time. So you need to know just where you stand if you need to.

I am not wanting to ignite the rights of teachers again as it was a very emotional and stressing experience but it is important to know what is out there. Also, the law firm we used could also be working for the school we tried to address and did not want to go against them. What this means is the information is out there but as foreigners we are placed in a gauntlet at the very bottom of hell and told if we can find the map we are free to leave. This is why some teachers win and some lose.

As ajarn.com is a very well known and connected/established web site and/or company I am sure they have reputable and experienced legal staff or mimimumly competent representation. In addition, it confuses me as if this is the case and so many issues in this area come up constantly, why is there not a site, link or available access to finding these PDF, legal postings, etc...... for us to see. This is not for commentary of complaining but a directory that much like a search engine will direct you to the page that you can read and know it exist not just a mythical creature of knowledge. My own example: I have the PDF but forgot to bring it home. Why shouldn't we as advance professionals have access to an informational site that would show everyone what I have so my word is not the only thing you read.

Seeker of Knowledge


Nothing but misinformation

Nothing but misinformation

Okay. Ajarn. I followed your advice. I saved some money, packed all my certificates, transcripts, police criminal record check and impeccable work references, and headed to Thailand to work as a TEFL teacher. I thought I had everything covered, except just one thing. Nobody actually tells you the truth here. Nobody. I'm actually quite impressed by the amount of total shit spoken by institutions. I signed up to do a TEFL course in November. I was assured by the chap who interviewed me before I even left London that I would "have a full time job and permit within about 3 weeks." Okay, it's not their responsibility to find me work, they provided an excellent teaching course and the instructors could not be faulted.

However, The fact that they must have known that NO schools or institutions actually hire people full-time until at least March means they were proactive in offering us misleading information simply to fill their November course placements. That's £1000 well spent! As a result of this misinformation those of us remaining in Bangkok following the course have wasted hours and hours of our time, and thousands of baht of our money looking for jobs that are simply not there. My advice. Just ignore the advice completely when training providers inform you that it is easy to find work in Thailand - and simply sign up for the February course instead.

Part two of my whinge. Many teachers inform us on this site to steer clear of agencies. Um, not too sure whether or not you've had a chance to check the vacancies on your website yet, but they are all linked to agencies. ( yes, even the ones that list the contact as the name of a school!) Simple fact being that you pretty much don't get to work in Thai state schools unless you go through an agency. Just try it. You will be referred to an agency and the school will inform you they have nothing to do with the hiring of foreign teachers. I know, because it's happened to me pretty much every job I have applied for. The upshot is - 3 months after successfully completing my TEFL course. I am still working part-time for agencies and schools - getting an excellent reputation by the way - my permit is about to run out, and every job I apply for is another agency apologising for not being able to offer full time work. Simple fact is, it's really hard to get a decent job here. Don't listen to anyone who tells you otherwise.

Phil says - thank you for your letter to the ajarn postbox. It's a shame that you couldn't put your name to it but never mind. Having read your letter twice, I'm convinced it's written out of anger rather than by someone who has a full grasp of the facts. After all, you've only been here a matter of a few months. It would be impossible to become an expert on the Thailand TEFL scene in such a short time. Incidentally, you have been working here and applying for jobs during what is undoubtedly the quietest period of the year. Very few schools hire in December and January. And that is also written on ajarn.com and something it seems you failed to read and take on board.

I deleted the part of your letter where you claim that the TEFL course certificate you obtained is hardly recognised by any of the schools in Thailand. In my opinion (and that of many others) the TEFL certificate you obtained is probably the most recognisable and widely-accepted certificate in the world. To say it's hardly recognised by any schools here is completely inaccurate. And how many schools have you applied to and actually got an opinion of whether they value the certificate or not? Fifty? Hundred? Because that's how many you need to survey before you are able to make such a bold statement. I could go on but if I analyzed every sentence and pulled apart what you've written, I would be here all night.

Mr T


Student failings and blame

I have been teaching now in Thailand for six years and am pleased to hold a TCT license. I prefer to teach in government schools, because I know that I am only able to encourage the students to use the English they are taught. I have found that blame only comes to the farang teacher when he fails to involve the Thai teachers. Complaining about the students and other teachers actions really only makes tasks more difficult. When I fail a student or give low grades. I always suggest to the Thai English teacher that as they see the student more than me, that they must feel free to alter the result for the student the way they see fit....and 9 times out of 10 they change nothing, as my mark usually reflects the Thai teacher grade too. In fact I am then asked to speak with them and their parents too.

My stuggle is always the time I have to spend with each class and find my English only lessons are undermined by other imported teachers who will use more Thai in class then English when the previous year I taught them using English only. My simple advice is when a class goes missing! - make sure the workload that you would have taught isn't so big that a hand-out to the class can be digested easily for revision at another date.

Phetpeter


No student fails

No student fails

I believe Ian is far to courteous to the government and its policies. He obviously has taught here for a while, so he should know that his students will not fail because they have not attended class. No student fails. Low grades maybe, but enough to pass. That is the Thai way of excellence in education and a promising career for the teachers and administration. A friend called me yesterday and told me he was being held accountable because his students had poor grades. He hasn't seen his students in 3 weeks. This is a very typical reaction so the school and administrators can blame the foreign teachers. It's called the "blame game" and the school administrators are very good at it.

Ralph


Hitting the nail on the head

Kind regards and thanks to Ralph on his reply (postbox 15th Jan), but maybe he missed my mildly sarcastic comments. Let's not fool ourselves when the government does not act as we expect. Its hardly something we can just pin on the Thai officials. However I do agree with his comments that almost everything appears to come before education, I have a Monday class I have seen for just 2 weeks out of the previous 7. Many have been cancelled, I say cancelled, because postponed would mean they were changed to another date and time. Thus the class is weeks behind.. The administrators feel that cultural events are a priority. With just a few weeks of term left, students will either get low grades or fail.

Actually, having a culture is a good thing, but to put it above everything else is short minded. You become an international laughing stock laughing stock.
Countries can't close their doors to outside influences in this day and age.

Ian


Everything comes before education

In response to Ian (The good, the bad and the ugly, ajarn postbox 10th January 2011) I believe Ian is actually believing the same government rhetoric it has spouted for a long time with no results. As with most things in Thailand, It doesn't have to work, just appear that it does.

Ian writes in part, that "the Thai government wishes to continue to make bold steps forward." They certainly are making bold steps. Although I think forward isn't exactly right. They have said that for a long time, but their actions do not support what they say. But, it DOES bring in more money, which is the bottom line in Thailand. If they are making bold steps forward as the say, who benifits from these bold steps? Certainly not the students.

Ian says that he can, "perform magic acts, create a show, and maybe even leave a class breathless." That certainly qualifies him as a good teacher in Thailand where "having fun" is far more important than education and always has been.

As I wrote in my post dated July 17, 2010, Just about anything and everything one can think of comes before education. There are 8 bans in my area, the students here have been to school a total of 17 days since November 1, 2010. On top of all the other things that come before education, not having a teacher show up for work is now also added to the list. It's actually pathetic to even think the government values education. It's too worried about keeping the westerners from poisioning the minds of Thais. As long as the students know about their culture, that's enough. Or so it seems.

The students are learning exactly as the government wants them to. They want them to stay true to their culture, learn to grow rice for a living, stay poor, and not have a voice in the government. That is NOT to say that all rice farmers are poor. The ones that can afford it go to an international school, on to college, and make a decent living. The ones that do not have the money (which is the majority) will stay on the farm or in a meager job earning minium wages all their life. BUT THEY KNOW THEIR CULTURE, which is enough. Or so it seems.

Ralph

Return of the demo lesson

Let's cut to the chase. You've done the resume, shown your certificates, dug out a half respectable photo - harder for some than others but still a challenge at the best of times because if we were all photogenic, we would be models not teachers. You’ve provided several references that are actually connected to teaching. Then comes the desired experience teaching Thais and the understanding of Thai culture. Then there is the insistence that we are aged between 21 and 27, drop dead sexy, and furthermore be able to sing, dance and entertain (equity certificate required) provide magic tricks ( magic circle membership needed) plus actually live in Thailand.

It’s now the time we want you to do a demo class! Any organisation that asks for a demo lesson or class should be viewed with suspicion. There is the odd exception and I mean odd, but as a rule of thumb, if you can provide all of the above, then that should be enough. Any half-decent employer will check out all that you provided and this actually gives me reassurance that they know what they want or even what they are doing. I always feel pleased when one of my references calls me and says “we had a call from such and such asking for a reference about you, and we gave it both over the telephone and in writing”

But wait. Some employers still want a demo lesson. Ok I'm an old hand. If I'm asked to give a demo I will sometimes agree to it, but demo lessons are at 2,000 baht an hour minimum time 3 hours. And money up front! The phone goes dead as the caller passes out in shock, or just figures out they've been busted. Alright I'm a bit of a sneaky old sod as well, I've agreed an odd free demo lesson from time to time and found myself at some poorly equipped office. Then in wanders a group of locals between the age of 3 and 95 and obviously of mixed ability level. Look, if you can't see a scam now, I have little sympathy for you.

However the more students the better because that's about five private students in my book - and they will actually learn something. So for my freebie, I'll find out names, addresses, ability, and what they really want. Thanks. That's an evening or weekend bonus for me over the next three months, and they will get a real classroom with full facilities and teaching that will build on what they know. For the more advanced students, I will advise them on university placements, visas, even where to stay, who to talk with and what university is best if they have both the ability and desire to study in the UK.

So when you have done the whole song and dance routine to get an interview and then out comes the request for a demo lesson, smile and say no - or better still ask for 3,000 baht an hour.

Ian


A fist full of dollars.... sorry baht!

A fist full of dollars.... sorry baht!

Ok so its nice to earn a few.....
But stop for a moment and think! Is it the answer to everything? Take it from an old hand at the game - no its not. Look at all the extras that are on offer:

Visa assistance, insurance, health care, working hours, equipment provided, holidays, social working conditions

Long list don't you think... well enter any staff room, take a deep breath, pour yourself a coffee sit down and just stop, look and listern.

Give it 10 minutes... do all the foreign staff sit alone, do all the Thai staff just keep themselves to themselves, do you actually feel welcome?

Take a class or two, do they all fall asleep knowing that they will pass? Do they act like wild unleashed rampant rabid dogs ( already enough on Bangkok streets) does attention seem to wander within seconds, no books to hand, no equipment,.... by now alarm bells should be ringing like the Titanic was going down!

Thailand has had some dreadful unqualified teachers in the past, but also they have not helped themselves. Poorly equipped schools, students not ready for study ) parents who demand and want the best but fail the basics to help their own children....!

Take a step back and learn to say... No sorry this is not for me. This will only in the long term help, students and teachers.

Lastly there are some wonderful students, but like breaking in a horse, you are going to have to break in a class as well, that is if its not already been done, and trust me some classes are a dream, some.... have not... well to start with anyway.

However trust your own judgement..... kids will try it on.. we did.. our parents did.... and so will Thai kids!... nothing changes

But enjoy. Is this not teaching?

Ian

The good, bad and the ugly

I really enjoy teaching in Thailand. I think its a great country. Several media statements by the Thai government have said that they wish to continue to make bold steps forward, weed out the non qualified, lazy, poor, stupid and useless teachers..... Forgive me if I go out and celabrate a new vision! Look I'm a teacher who can prove references, exams, certificates, results, experence, and even be quite good looking. I can perform magic acts, create a show and maybe even leave a class breathless. So what's the grumble?.... if half the administration and even some of the classes understood the basics of education then we might just get a series of cannon fodder brain washed students to take on board the benifits of education rather than just tick boxes that say pass.

I am lucky enough to be teaching some students that are, not only bright, but show signs of free thinking and a desire to expand their boundaries. I don't and will not pass every student, and if it costs me my job, who cares? I'm not lowering my standards for anyone! We need basic acceptance on both sides.... good qualified teachers for one, but also lets get students mind set right to learn, meaning that they will have to do work on a regular basis to get a pass. What really hurts from a teachers view is I can see some very bright students, who are being held back by social ideals.

I can teach a class at 8.20am of which less than 80% have had a breakfast! Coming in to a classroom where many students want to sleep, because they either got up late ( parents responsibility) failed to eat breakfast ( parents responsibility) and just want us teachers to mold a genius!.... time to get real folks. I've spoken to many parents over the past weeks and I will continue to do so.... Give me a cabbage and I'll make you a salad.... give me a child and I will give you a bright future.

I hate it when classes get cut for some social activity. I've even offered my time free outside school hours to bring students up to speed or even advance their situation.... mostly to mild response. So yes... let's get good teachers teaching students but lets get parents to prepare their loved ones properly, lets get the schools to concentrate on real education, support your teachers.... and we all love culture, ... I love Thai culture, but don't let it hold your children back from improving, themselves and Thailand.

I have seen some students who could, given the right support and encouragement, make Thailand a great and better, and weathier place to live. Plus still keep their culture.

Ian


Happy New Year....... Oh please enough already!

Happy New Year....... Oh please enough already!

I hate this time of year... have done now for a long time. I've found it false, a fraud and downright lie. Whenever has the world changed just because December 31st becomes January 1st? This year all due to circumstances beyond my control I stayed in Bangkok for the festive period, normally I would escape ( for want of a better word) back to the UK, to a British winter and see family and friends. However the snow in Northern Europe and the British continued failure to be able to deal with anything that is not in the expected normal weather patten, put all my best laid plans down the drain.

My flight was due to leave on the 21st, but already flights for the proceeding two day had been cancelled and the chances of mine arriving at LHR ( Hearthrow, London) were slightly less on witnessing the alledged second coming of Jesus, so I took it upon myself to contact both the airline and travel agent well in advance. My proposal was simple, why not postpone my travel to a more suitable time? Simple don't you think?.... Well no....I thought better to suffer and submit to a Bangkok Christmas and New Year, than to be left in limbo, or at some netrual airport without a clue when a flight might complete my travel plans.

The airline ( no names) were amazed that I could understand there was a problem and were doing their best to understand, but still wanted to channel me down the cancellation route! The travel agent offered an email contact and a single phone number to call ( at some hellish call rate) and obviously could , would and were not capable of answering for at least 5 hours and I'd expect close to £200 quid later a simple message of " We are experencing a larger than expected demand and please try later".... aka Island Volcano syndrome, which has still yet to be resolved!

In short I sent both agent and airline an email 2 days before my due travel date. The airline responded within a few hours, wanting all the normal details and then adding they will nedd to talk to my travel agent of booking for terms and conditions. The travel agents.... well I got a reply from them 2 days after I was due to fly!... this is a world wide organisation!!!

Thus I was here in Thailand over the festive period for the first time. I am very synical of the full on in your face sell me any thing festive from the end of October onwards as its now become in many countries. I must be a founder member of keep Christmas in December, but still out here it is a little bit less in your face than it would be in the West, but lets not let a selling opportunity be missed by an economy that is looking to hike up its flogging of anything in its drive to enter the next level in the league of nations.

I quite enjoyed the experience, much less ads on tv, radio, mail, email and any other form of flogging media, it was much more low key ( to my delight) though there were a few bold sales persons willing to sell me their idea of Christmas at many a shopping mail, which were simple and easy to laugh off.

I purchased a little tree ( with lights) and few decorations, with lights for the outside and a smattering of other Christmas jingle jangle, all very much to my Thai partner who realy seemed to enjoy the glitz of the period. Even my suggestion of midnight mass on the 24th was accepted with a smile, and to be fair she loved the whole package, an exchange of gifts, carols, music, dinner the package.... Bloody hell us farangs have culture as well!!!!

So Christmas came and went, then on to New Year, which was going to be at my partners home ground, so to speak. The x hours drive, with everyone to do a Thai get together, ok I was settled to do this and had no problem with it. Then 2 days before, the phone rings and can I fit in some emergency work?... I discussd this with my partner, we talked about the whole thing, but surprising or maybe not, the salary offered for me to work was considered far more important than a family get together..... let me take a step back.... I know money talks at times, but I have become disapointed in many Thai's love of the money issue above everything else, sadly I fear they will get burnt on the love of money trip, just like us westerners have done in the past. So with it agreed that I will work, the girlfriend , now wishes to go to her temple for a few days worship.......... I consider myself a supportive partner,and fully accepted her wishes, to even help support the trip and see her of at Victory Monument on Friday am.

She departs Friday am with some of her family, and I now set my plans for the weekend. Bangkok is quiet... actually very quiet, I like it!! In short I spend time with old friends, we see the weekend and New Year in in a social and relaxed manner, I travel all over Bangkok with ease and a breeze, enjoy a very social Dec 31st and after letting off a bit of steam ( with all the correct respect), I make it back home at 5am New Years day, a little worse for wear, but still in charge of all my faculties.

My pet hate was everyone wishing me a happy new near, hours before the clock made it to midnight... sorry I'm old school, the new years starts the moment Big Ben gives us it first chime. Then its tribute to those lost to us and those whom are away elsewhere, doing there own thing. I am fed up to the back teeth of being greeted by Happy New Year by anyone and everyone who really has no idea on what its all about!

Ian

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